ALIYA S/O GARIB KHAN Vs. STATE

JUDGEMENT

(1.) This is an appeal from an order of the Special Sessions Judge, Gwalior convicting four appellants under S. 395, I.P.C. for an offence of dacoity. Sultan alias Rustom, and Bhanwar Singh, appellants, have been sentenced to seven years' rigorous imprisonment each and also ordered to pay a fine of Rs. 25/-. The appellants Aliya and Munshi have been sentenced to five years' rigorous imprisonment each. The Sessions Judge acquitted four accused and the Government has preferred an appeal under S. 417, Criminal P. C. against the order acquitting accused Jimipal. This judgment will dispose of both these appeals.

(2.) The short facts of the case are that complainants Yusuf, P. W. 9, Babu Khan, P. W. 10, Ellahibux, P. W. 11, Kamruddin and Mohammad had gone in a marriage with their musical instruments. They are professional persons and had gone with their party to play music in a 'barat'. On 1-12-1949 they were returning from Sekra village towards Chhimak village via Dabra road, and near the brink of a river eight persons met them and they asked them where they were going. On replying that they were going towards Dabra these eight persons asked them to proceed via Anand Peth. The witnesses declined to go with them and therefore these persons left by a Kacha route. The witnesses then went about two Kos and on the road met several labourers, who were sitting near a fire. The witnesses also sat there. Soon after 5 out of the 8 persons whom the witnesses had met before returned there and asked the labourers to go away. Out of these 5 Badmashes two had guns, one had revolver, one lathi, and one had a sword. It was about 5-30 P.M. that these dacoits threatened the witnesses that in case they did not part with their belongings they would lose their life; and, at the point of revolver, snatched from the witnesses their clothes and the musical instruments and other belongings and decamped with the booty, worth about Rs. 240/-. The witnesses then proceeded to Police Station Dabra eight miles distant from the place of occurrence and lodged report at 11 P.M.

(3.) From the deposition of the Sub-Inspector Vijaya Singh, P. W. 7, it appears that some informer had informed him that in village Khedi Raimal, there is one Shankar 4 Singh, at whose house many suspected persons take shelter. On 4th December 1949, the Sub-Inspector reached the place and arrested Shankar Singh and Mouji. According to Sub-Inspector, Shankar Singh though not involved in this dacoity, informed him about persons, who were involved in the dacoity on the Chhimak road. On 16th December 1949, it appears that Shankar Singh's house was raided and 8 accused were arrested. Some property was recovered from them and eight persons as stated above were challaned in this case out of which four were convicted and four were acquitted.